New York Partner Brian Heermance and Associate Jamie McAleavey, with the assistance of Law Clerk Adam Gallagher, obtained summary judgment in a product liability action in NY Supreme Court, Nassau County. Plaintiff had his dominant arm amputated in the unguarded hopper of an industrial-sized ravioli producing machine. The defendant client was an engineering firm hired to redesign the layout of the ravioli machine with a newer unit into a single production line. The Court dismissed plaintiff’s strict product liability claim on the grounds that the client did not manufacture, design, sell or substantially alter the machine. Plaintiff’s negligence claim was also dismissed because the client had no duty to warn plaintiff of the alleged defect (its work did not include the mechanical operation, maintenance or repair of the machine and it did not owe plaintiff a duty to design, build or install a guard despite having knowledge that the guard was missing).
